AMS Advocaten

Full-Service Law Firm in Amsterdam, the Netherlands

AMS Advocaten

Nachtwachtlaan 20
Amsterdam 1058 EA
Netherlands

Phone+31 (20) 308-0315
Fax +31 (20) 308-0325

Website www.amsadvocaten.com
Contact AMS Advocaten  Contact the Law Firm

Other Offices: Naarden  

Law Firm Overview

AMS Advocaten is an acknowledged Dutch Law firm based in Amsterdam, The Netherlands, located near Schiphol Airport (just 10 minutes by car or train).

We specialise in Dutch civil and commercial law. Our expertise ranges from corporate law, insolvency and restructuring, real property and intellectual property, and commercial tenancy law to labour and employment law, construction law, and contract law.

AMS’s highly experienced lawyers both advise and litigate for Dutch and international corporates and private individuals. We are committed to providing our clients with not only excellent service, but also cost-effective fee structures.

Year this Office was Established: 2011

Languages: Dutch, German, English

Areas of Law










Areas of Law Description

Our practice areas include:

• Dutch Corporate Law
Our lawyers are both advisors and litigators in all corporate matters, such as restructuring, shareholder' disputes and M&A/takeovers.

• Debt Collection in The Netherlands
The AMS debt collection attorneys are very experienced in solving cases involving debts that are due and payable, in a cost-effective way.

• Dutch Contract Law
Our Dutch business attorneys are sharp and experienced consultants, assisting their clients in negotiating and making the deal.

• Dutch Property Law
The real estate lawyers with AMS are experienced in advising, negotiating and litigating on all civil-law property law and real estate matters.

• Dutch Employment Law
The employment law attorneys at AMS counsel both employers and employees, and are capable of giving a candid assessment of the case.

• Dutch Commercial Tenancy Law
We are very experienced in this practice area: our lawyers have advised and litigated in many cases on tenancy law for business premises.

• Dutch Insolvency Law
Whether you are dealing with reorganization, restructuring or director's liability: our insolvency law attorneys can advise you on the best strategy.

• Dutch Construction Law
The construction law attorney with AMS Attorneys in Amsterdam acts for project developers, (sub)contractors, and individuals.



Partners

Marco Guit Mr. Marco Guit
Partner
Agency and Distributorship, Alternative Dispute Resolution, Arbitration, Bankruptcy, Business and Industry

Hidde Reitsma Mr. Hidde Reitsma
Partner
Agency and Distributorship, Alternative Dispute Resolution, Bankruptcy, Business and Industry, Business Formation

Sander Schouten Mr. Sander Schouten
Partner
Agency and Distributorship, Alternative Dispute Resolution, Arbitration, Bankruptcy, Business and Industry

Thomas Vugt Mr. Thomas van Vugt
Partner
Agency and Distributorship, Alternative Dispute Resolution, Business and Industry, Civil Litigation, Commercial Law



Lawyers

Heleen Ceelen Ms. Heleen Ceelen
Lawyer
Agency and Distributorship, Alternative Dispute Resolution, Bankruptcy, Business and Industry, Business Formation

Robert Ewijk Mr. Robert van Ewijk
Lawyer
Alternative Dispute Resolution, Business Litigation, Civil Litigation, Commercial Law, Commercial Litigation

Gea Flapper Ms. Gea Flapper
Lawyer
Agency and Distributorship, Business and Industry, Business Formation, Business Law, Civil Litigation

Manita Hamberg Ms. Manita Hamberg
Lawyer
Agency and Distributorship, Business and Industry, Business Formation, Business Law, Business Litigation

Onno Hennis Mr. Onno Hennis
Lawyer
Alternative Dispute Resolution, Arbitration, Business and Industry, Business Law, Civil Litigation

Hein Hoogendoorn Mr. Hein Hoogendoorn
Lawyer
Agency and Distributorship, Bankruptcy, Business and Industry, Business Formation, Business Law

Martijn Kesler Mr. Martijn Kesler
Lawyer
Alternative Dispute Resolution, Arbitration, Bankruptcy, Business and Industry, Business Law

Lennard Noordzij Mr. Lennard Noordzij
Lawyer
Arbitration, Bankruptcy, Business Litigation, Civil Litigation, Commercial Law

Mariëlle Wild Ms. Mariëlle de Wild
Lawyer
Business Law, Civil Litigation, Commercial Law, Commercial Litigation, Contracts

  

Affiliations

  • INSOLAD
  • INSOL Europe
  • Association for Dutch Insolvency Lawyers

More Information on AMS Advocaten

Corporate Law
Contract Law
Property Law
Debt Collection
Employment Law
Construction Law
Commercial Tenancy Law
AMS Advocaten Blog

Articles Published by AMS Advocaten

 Proper Recording of Intercompany Transactions in the Netherlands

Section 247 of Book 2 of the Dutch Civil Code stipulates that there must be a written record of the legal acts between a company and its shareholder.

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 Trademark Infringement in the Netherlands: Assess Your Chances of Success in a Lawsuit!

Recently, a trademark owner in the Netherlands stood up against an (alleged) trademark infringement.

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 Enforcement of Arbitral Awards in The Netherlands: Permission of the Court Is Required

In the Netherlands, enforcement of an arbitral award requires the permission of the court. A ruling of the Court of Utrecht under the previous arbitration law makes it clear that the court will only refuse permission in very exceptional cases. Arbitration lawyer Onno Hennis explains that there are good reasons for this, on the basis of this judgement.

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 Violation of the Administration Obligation and Director’s Liability in The Netherlands

An administrator can hold the director of a bankrupt enterprise liable for the remaining debts of the estate in the event of mismanagement. In principle, it is then up to the administrator to prove that the director of this enterprise is seriously personally culpable. However, this burden of proof is reversed in a few special situations. Based on a recent case, bankruptcy lawyer Hidde Reitsma explains these situations.

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 Requesting the Appointment of Trustee of Estate in the Netherlands

The Dutch settlement procedure is a multifaceted procedure which in principle should be followed by acceptance with the benefit of inventory of an estate by one or more heirs. However, sometimes it is also possible to apply to the Court for the appointment of a trustee.

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 Dutch Criteria for Dismissal for Employee’s Unsatisfactory Performance

In a recent employment case in the Netherlands, an employer applied for the dismissal of an employee for unsatisfactory performance. The employee would have been incapable of organizing and managing. Following several meetings and warnings, the employer decided to transfer him to another job and location.

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 Pre-pack Bankruptcy: The Transition of an Enterprise in Terms of Employment Law in the EU

The 22 June 2017 verdict by the European Court of Justice qualifies a pre-pack as the transition of an enterprise in terms of employment law. Because of this decision, the former employees of the childcare organisation Estro – including those employees who were not offered an employment contract – are automatically employed by the party making a new start. Some Dutch employment law attorneys expect this decision to have significant consequences.

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 Breach of Trademark and/or Brand in The Netherlands: What Are the Criteria?

How does the court view whether someone else's trade name or logo appears to be too similar to your trade name and/or brand? Manita Hamberg, a lawyer specialised in trademark and intellectual property law, discusses this based on a recent lawsuit brought by Loods 5 against a company called Loods G.

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 Unjustified Suspension of Payment of Shares in the Netherlands: What Are the Consequences?

A debtor whose claim has become due and payable to his creditor is authorised to suspend compliance with his commitment – e.g. payment – until the creditor fulfils his claim (art. 6:52 of the Dutch Civil Code).

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 Contractor Hired External Advisor Without Permission?

Contractors often hire external experts to provide specific recommendations and advice. Consider environmental reports with a construction contract, for example, or tax advice during an acquisition.

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 Dutch Court Torpedoes Attempt to Bypass Procedural Regulation

A recent decision in a Dutch court thwarted an attempt circumvent the maximum time period for retaining a bankruptcy request. AMS discusses how a request for a declaration of bankruptcy in the Netherlands works on the basis of the ruling.

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 Forged Loan Termination Agreement No Benefit to Debtor in the Netherlands

In summary proceedings in the Netherlands concerning an unpaid loan, the debtor suddenly produced an important document. This was purported to show that the creditor, despite an unpaid balance of a few million, had terminated the loan and that nothing more needed to be paid. Too good to be true? The summary proceedings court handling the case had the same opinion.

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 Dutch Right of Lien on Claim Lapsed Because of Collection by First Pledge Holder?

Multiple pledging of one and the same property is a regular occurrence in the Netherlands, the holder of the first pledge takes precedence above the second pledge holder.

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 Successive Term of Employment in The Netherlands: What Are the Criteria?

In a recent Supreme Court judgement, the Dutch Court of Appeal was reprimanded because in a dispute between an employee and employer it had not examined whether there was a successive term of employment.

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 New General Data Protection Regulation (AVG) in The Netherlands and EU

Since 14 April 2016 the General Data Protection Regulation (AVG) has been adopted in the Netherlands. This means that starting from 25 May 2018 only one privacy law applies throughout the whole EU, instead of different national laws.

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 Identification of Debtor only under Exceptional Circumstances in The Netherlands

Unfortunately, it often happens that a creditor misses the boat because the debtor keeps their assets in a legal entity. The debtor may be liable, but because the collateral assets are lodged with the legal entity, the creditor is left empty-handed. In the Netherlands, in such a case the creditor may rely on the doctrine of identification. However, the current case-law is that this appeal is accepted only in exceptional circumstances. A recent Dutch ruling by the Supreme Court illustrates this.

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 Court Decisions In Camera: When Is This an Option in the Netherlands?

In the Netherlands, court decisions are public: judgments are available (anonymised) to anyone and can be requested from the Court. Moreover, in principle, anyone can attend a session of the Dutch Court, unless the law provides otherwise, but this only happens in exceptional cases.

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 Who Is the Client in The Netherlands: One-man Business or Limited Company?

In commercial transactions, orders are not always recorded in writing. Negotiations are sometimes done in person, whereupon a client verbally accepts a contractor’s offer. It is possible that it is not clear who is actually the legal principal. This may cause problems, in particular if the client has not paid the invoice.

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 Reputational Damage in The Netherlands Due to Negativity on Facebook?

Nowadays, reputational damage due to incorrect statements on the internet is a frequent occurrence. In this case, negative messages about a Dutch school had been posted on Facebook and other sites. The main issue was whether these publications were unjustified.

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 Marital attachment of spouse’s shares in Dutch BV: Is that Possible?

Marital attachment is a special type of preservation order that one of the spouses can apply on assets of the (dissolved) common estate. In a recent preliminary injunction between a divorcing couple, it was questioned whether or not a marital attachment on the shares of a spouse in his company is possible.

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 Contractor Infringes an Architect’s Copyright in The Netherlands

It is not unusual that a contractor is declared bankrupt during a construction project. Most of the time, the project is continued by another contractor. But what about the architect’s copyrights on the design in this situation? Can the new contractor simply use this design?

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 Imputable shortcoming when acquiring a company?

In this case, the acquiror of a company claims the seller is liable for not mentioning issues with a running maintenance contract. The Court of Rotterdam deems the seller should have mentioned the issues. The court of appeal did not agree.

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 Bank in breach of duty of care in the case of excessive lending in the Netherlands?

In the current economic climate, more and more people in the Netherlands have problems repaying consumer credits. To protect consumers, lenders (banks) must comply with strict standards to prevent so-called excessive lending. We use a recent case to enlighten you as to how excessive lending is underwritten in the Netherlands.

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 Nonconformity in Netherlands? AMS Lists the Criteria

When buying property, the buyer can assume that the property has the features required for normal use. This conformity requirement is a legal regulation, but still often leads to discussion. Because what does “normal use” mean?

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 Misuse of Authority in Company’s Own Bankruptcy Application in Amsterdam

In a recent case before the Court of Appeal of Amsterdam, a dismissal of a company’s own application for bankruptcy was upheld in appeal. The Court of Appeal found that the authority of a company to apply for its own bankruptcy had been misused. When is there misuse?

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 Can Liability Be Excluded in an Exoneration Clause in the Netherlands?

Most general terms and conditions include an exoneration clause. In this clause the user of the terms and conditions limits his liability for loss due to possible failure in performance. The courts regularly have to deal with the issue how such a clause should be interpreted and whether it is in fact reasonable at all to apply this clause.

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 Claiming Transfer of Shares in Preliminary Relief Proceedings in the Netherlands

The two shareholders of a Dutch private limited company (BV) agree that shareholder A (seller) shall sell 5,850 shares to shareholder B (buyer) against a price of €1. This means that the buyer acquires 90% of the shares. Afterwards, the seller has doubts about the sale and refuses to cooperate in the transfer. The buyer institutes preliminary relief proceedings and demands the transfer. The court in preliminary relief proceedings takes a strong line: transfer, or pay a penalty.

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 The Steps Leading up to Mergers and Acquisitions in The Netherlands

The different steps of the process leading to a merger or company acquisition in The Netherlands. One of these steps is the due diligence investigation, that serves to provide insight in the position of the company in question. In this way, potential risks can be assessed to facilitate a well-considered decision on whether to go ahead with the transaction and to balance the terms of the purchase agreement.

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 Dutch Anti-Takeover Measures

Listed companies often resort to antitakeover schemes to prevent a takeover by a hostile bidder. A hostile bid is a nightmare for most executive directors and therefore (in their opinion) needs be stopped or at least delayed. There are many different measures to take in order to prevent or delay a hostile takeover.

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 The Right to Place Items on the Agenda: A Powerful Weapon for Shareholders

The right to place items on the agenda can be a powerful tool. In this way shareholders can apply pressure to the board, or, as the case may be, the company. Recently, a dispute about adding an item to the agenda of a meeting at Fugro by Boskalis was submitted to the court in preliminary relief proceedings.

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 Amsterdam Court Disregards Stipulation In Shareholders’ Agreement

The district court in Amsterdam had recently ruled – in preliminary relief proceedings – that invoking the regulation in a shareholders’ agreement that a decision to dismiss a director should be adopted unanimously, was contrary to the principles of reasonableness and fairness that apply to Dutch law in general. According to the court in preliminary relief proceedings such a stipulation was out of line, and not in the interest of the company. Dutch corporate lawyer Martijn Kessler explains.

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 Travel Operator Breaks Price Agreements with Agent

Partnerships between agents and principals in agency relationships don’t always go smoothly. In this case, a dispute arose between a travel agent and a travel operator related to ‘price manipulation’.

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 Amsterdam Shareholders’ Agreement Decisive in Conflict

In January 2014, the judge hearing the application for interim relief at the Amsterdam district court was required to pronounce on the continued operativeness on a company of a shareholders’ agreement. Company law specialist Hein Hoogendoorn explains the judgement by the judge hearing the application for interim relief on this question.

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 One Shareholder Excludes the Other, What Can You Do?

An earlier blog by Dutch lawyer Hein Hoogendoorn explained that in preliminary relief proceedings one shareholder can claim from the other shareholder that the latter has to sell his shares. Not every conflict between shareholders is suitable for preliminary relief proceedings. In this blog, corporate lawyer in The Netherlands Hein Hoogendoorn discusses the outcome of a main action that also addressed an enforced takeover of shares. This case was submitted to the court of North Netherlands.

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 Corporate Takeover in The Netherlands – Take Good Advice!

Now that the economy is improving again, we see an increasing number of corporate takeovers. Taking over a company is an important process both for the buyer and the seller, in which unfortunately many things can go wrong. Most disputes occur because the parties have not taken good advice or have not (have) committed their agreements in writing in a clear manner. Corporate lawyer Hidde Reitsma explains the in and outs of a takeover process and what the parties should consider.

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 Directors’ and Officers’ Liability in The Netherlands: the Beklamel Standard

At the time that a director or officer commits a company to an agreement, while he is reasonable aware that he cannot comply with this agreement, this director or officer can be held liable for any loss. This problem was recently addressed in the court of Maastricht (The Netherlands).

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 Dutch Inquiry Proceedings into Limited: Who Has Right to Request Them?

According to Dutch corporate law, shareholders and depository receipt holders have the right to request the Enterprise Chamber to order an inquiry into the company’s affairs. Recently, the Dutch Supreme Court has confirmed that the provider of risk capital who has an own economic interest in the company in question can also invoke this right. Dutch corporate lawyer Hidde Reitsma explains.

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 Interpretation of Disputed Contracts in Dutch Law

When parties are in conflict about the interpretation of a contract, lawyers and judges in the Netherlands will firstly apply the Haviltex criterium (named after case law with the same name). According to this famous criterium not only the literal interpretation of the wording of a contract is relevant but also are the underlying intentions of the parties and what they may expect from each other.

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